What's happening
This bill amends the definition of large capacity ammunition feeding devices and repeals related exemptions and provisions in New York penal law.
Why it matters
Narrows and clarifies the definition of “large capacity ammunition feeding device”. by removing exceptions for magazines holding 8–10 rounds and those manufactured before September 13, 1994—potentially subjecting more gun owners to legal restrictions.
Eliminates “grandfather” exceptions. for previously owned magazines that were legal under prior law, meaning possession of such magazines (over 10 rounds, or previously exempted) would now be illegal regardless of when or how they were acquired.
Repeals section 265.37. , which previously addressed the transitional possession and use of certain magazines, signaling a move to stricter uniform enforcement and fewer carve-outs for existing property.
Maintains limited exemptions. only for tubular .22 caliber rimfire magazines and for “curio or relic” devices (older, collectible magazines), but with specific registration and eligibility requirements—potentially impacting collectors and historic firearm owners.
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Who cares
Headline styles
Redefine High-Capacity Magazines
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5263
2017-2018 Regular Sessions
IN SENATE
March 17, 2017
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to large capacity ammunition feeding devices; and to repeal section 265.37 of such law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 23 of section 265.00 of the penal law, as amended by chapter 1 of the laws of 2013, is amended to read as follows:
23. "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, that [(a)] has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition[, or (b) contains more than seven rounds of ammunition, or (c) is obtained after the effective date of the chapter of the laws of two thousand thirteen which amended this subdivision and has a capacity of, or that can be readily restored or converted to accept, more than seven rounds of ammunition]; provided, however, that such term does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition or a feeding device that is a curio or relic. A feeding device that is a curio or relic is defined as a device that (i) was manufactured at least fifty years prior to the current date, (ii) is only capable of being used exclusively in a firearm, rifle, or shotgun that was manufactured at least fifty years prior to the current date, but not including replicas thereof, (iii) is possessed by an individual who is not prohibited by state or federal law from possessing a firearm and (iv) is registered with the division of state police pursuant to subdivision sixteen-a of section 400.00 of this chapter, except such feeding devices transferred into the state may be registered at any time, provided they are registered within thirty days of their transfer into the state. Notwithstanding paragraph (h) of subdivision twenty-two of this section, such feed-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10709-01-7
S. 5263 2
ing devices may be transferred provided that such transfer shall be subject to the provisions of section 400.03 of this chapter including the check required to be conducted pursuant to such section.
§ 2. Subdivision 8 of section 265.02 of the penal law, as amended by chapter 1 of the laws of 2013, is amended to read as follows:
(8) Such person possesses a large capacity ammunition feeding device[. For purposes of this subdivision, a large capacity ammunition feeding device shall not include an ammunition feeding device lawfully possessed by such person before the effective date of the chapter of the laws of two thousand thirteen which amended this subdivision, that has a capacity of, or that can be readily restored or converted to accept more than seven but less than eleven rounds of ammunition, or that was manufactured before September thirteenth, nineteen hundred ninety-four, that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition]; or
§ 3. Section 265.37 of the penal law is REPEALED.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to large capacity ammunition feeding devices; and to repeal section 265.37 of such law relating ther- eto
Purpose
Provides that large capacity ammunition devices shall only include those devices which hold more than 10 rounds; repealer.
Summary of provisions
Section one of the bill amends subdivision 23 of section 265.00 of the penal law, as amended by chapter 1 of the laws of 2013.
Section two of the bill amends subdivision 8 of section 265.02 of the penal law, as amended by chapter 1 of the laws of 2013.
Section three of the bill states that section 265.37 of the penal law is REPEALED.
Section 4 is the effective date.
Justification
This legislation repeals the "7 round magazine" limit for firearms.
Legislative history
2017: S.5263 - Referred to Codes 2016: S.4512 - Referred to Codes 2015: S.4512 - Referred to Codes 2014: S.6703 - Referred to Codes
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.